Showing : 1-10 of 36 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 38-- Injunction - Co-sharer - Plaintiff not entitled to injunction against other co-sharers even assuming that he is in possession - Possession of one co-sharer is possession of all co-sharers - It cannot be adverse to them, unless there is denial of their right to their knowledge by the person in..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 38-- Injunction - Co-sharer - Plaintiff not entitled to injunction against other co-sharers even assuming that he is in possession - Possession of one co-sharer is possession of all co-sharers - It cannot be adverse to them, unless there is denial of their right to their knowledge by the person in..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Injunction - Co-sharer in joint possession in normal circumstances cannot seek injunction against other co-sharer - Even if, a co-sharer is in exclusive possession, other co-sharer, who is in possession of property cannot use property to detrimental to other co-sharers so as to render property..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d), Specific Relief Act, 1963, Section 37, 38-- Injunction - Co-sharers - Absence of pleading of exclusive possession or permissive possession - Absence of pleading of permissive possession or that by conduct of parties intention to separate was revealed long ago and put into effect and that it was this intention which formed the basis of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 38-- Co-sharer - Every co-sharer has right over every inch of joint land till it is partitioned by metes and bounds - Appellants who stepped into the shoes of his vendors had no right to claim relief of injunction against other co-sharers...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Specific Relief Act, 1963, Section 37, 38-- Injunction - Co-owner can seek injunction against other co-sharer viz-a-viz change of nature of land - Since the property in question is joint and defendant failed to prove the family settlement as alleged by him, injunction rightly granted against defendant - Remedy if any for defendant was to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Co-sharer-- Perpetual injunction - No injunction can be granted against a co-sharer as no one of co-sharer is found to be in exclusive possession of suit property. (Specific Relief Act, 1961, S.38)...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 37, 38-- Co-sharer - Suit for permanent injunction - No documentary evidence to show that either of the parties is in exclusive possession of their respective shares - No injunction suit is maintainable against co-sharer and remedy lies elsewhere...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 37, 38-- Co-sharer - Sale of specific khasra numbers by co-sharer - Injunction - Cannot be claimed against co-sharer - Co-sharer in exclusive possession of land can sell that very portion subject to partition of joint land and he can also oust other co-shares till such time the land is partitioned by metes..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Co-sharers-- Entitled to injunction against other co-sharer only when he is in exclusive possession - Failure to prove that there has been an arrangement between co-sharers on the basis of which there is claim of exclusive possession - Held, in the absence thereof, plaintiff cannot claim exclusive possession..........

Showing : 1-10 of 36 Results